Question 1

When will these new disinformation rules begin to impact platform operations?

Accepted Answer

The ACMA expects the voluntary Code of Practice to be implemented in 2021. Once a platform opts into the framework, the requirements become enforceable, shifting the regulatory focus from the ACCC’s mandatory advertising code to a voluntary misinformation structure.

Question 2

How strictly is disinformation defined under the draft Code?

Accepted Answer

The definition is narrow, requiring 5 cumulative factors to be met, including inauthentic behavior and a clear intent to cause harm or economic gain. This high threshold specifically excludes satire, parody, and partisan news from the regulatory scope.

Question 3

Will this framework increase the legal liability of digital platforms?

Accepted Answer

Adopting the Code actually serves as a strategic defense, helping platforms avoid being classified as publishers with 100% editorial responsibility. This provides a structured buffer against the type of legal reform pressure currently facing Section 230 of the US Communications Decency Act.

Question 4

Is the threat of breaking up big tech companies still a primary regulatory goal?

Accepted Answer

Structural reform is currently viewed as less viable than applying common carrier or broadcasting standards to regulate dominance. This is particularly relevant for entities like Google, which generates approximately 100% of its search revenue from advertising, making a forced break-up complex and unlikely.

Industry Update: Draft Code of Practice for disinformation protects the platforms too

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